Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation; Certain Toner Cartridges and Components Thereof, 53567-53568 [2015-21962]
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53567
Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
accumulations. Respondents are
requested to indicate interest in, and
comment on, any or all of the Federal
acreage within the boundaries of the
proposed GOM sale area that they wish
to have included in each of the
proposed lease sales in the proposed
GOM sale area.
Respondents indicating their interest
should outline the areas of interest
along block lines and rank the areas in
which they have expressed interest
according to their interest priority (e.g.,
priority 1 [high], 2 [medium], or 3
[low]), specifically indicating blocks by
priority. Areas where interest has been
indicated, but on which respondents
have not indicated priorities, will be
considered priority 3 (low).
Respondents also may nominate a list
of blocks identified by Official
Protraction Diagram (OPD) and Leasing
Map designations to ensure correct
interpretation of those nominations. A
CD–ROM containing all the GOM
leasing maps and OPDs is available from
the BOEM Gulf of Mexico OCS Region
Public Information Office. These GOM
leasing maps and OPDs also are
available for free online at https://
www.boem.gov/Official-ProtractionDiagrams/. Also, BOEM seeks
comments from all interested parties
about particular geological,
environmental (including natural
disasters), biological, archaeological,
and socioeconomic conditions or
conflicts, or other information that
could affect the potential leasing and
development of particular areas.
Additionally, BOEM seeks comments
about possible conflicts between future
OCS oil and gas activities and State
Coastal Management Programs (CMPs)
that may result from the proposed sales.
These comments should identify
specific CMP policies of concern, the
nature of the conflict foreseen, and the
proposed means to avoid or mitigate
potential conflicts. Comments may refer
to both broad areas or to particular
blocks.
6. Information From Call
Information submitted in response to
this Call will be used for several
purposes, including identifying and
prioritizing areas with potential for oil
and gas development, as well as
determining possible environmental
effects to be further evaluated and
potential conflicts in the Call area.
BOEM will analyze the areas nominated
in the proposed sales, their respective
rankings, and the comments received to
make a preliminary determination of the
potential advantages and disadvantages
of oil and gas exploration and
development to the region and the
Nation. Comments collected may be
used to develop proposed actions and
alternatives in the EIS process, to
develop lease terms and conditions to
ensure safe offshore operations, and to
assess potential conflicts between
offshore oil and gas activities and a
State’s CMP.
7. Existing Information
BOEM routinely assesses the status of
information acquisition efforts and the
quality of the information base for
potential decisions on tentatively
scheduled lease sales. As a result of this
ongoing assessment, BOEM has
determined that the status of existing
and extensive data available for
planning, analysis, and decision making
is adequate.
An extensive environmental studies
program has been underway in the GOM
since 1973. The emphasis, including
continuing studies, has been on
environmental characterization of
biologically sensitive habitats, physical
oceanography, ocean-circulation
modeling, and ecological effects of oil
and gas activities.
A complete listing of available study
reports and information for ordering
copies can be obtained from the Public
Information Office referenced above.
The reports also may be ordered, for a
fee, from the U.S. Department of
Commerce, National Technical
Information Service, 5301 Shawnee
Road, Alexandria, Virginia 22312, or by
telephone at (703) 605–6000 or (800)
553–6847. In addition, a program status
report for continuing studies in this area
can be obtained from the Chief,
Environmental Sciences Section, Bureau
of Ocean Energy Management, Gulf of
Mexico OCS Region, 1201 Elmwood
Park Boulevard, New Orleans, Louisiana
70123–2394, by telephone at (504) 736–
2752, or via the BOEM Web site at
https://www.boem.gov/Studies/. Finally,
this information can be found on
BOEM’s Environmental Studies Program
Information System (ESPIS) at https://
www.boem.gov/Environmental-StudiesEnvData/.
8. Tentative Schedule
Milestones for proposed 2017–2022 region-wide GOM area identification
Scheduled for
Call for Information and Nominations ....................................................................................................................................
Comments received on Call ..................................................................................................................................................
Area Identification Decision ...................................................................................................................................................
Dated: September 1, 2015.
Abigail Ross Hopper,
Director, Bureau of Ocean Energy
Management.
INTERNATIONAL TRADE
COMMISSION
[FR Doc. 2015–22073 Filed 9–3–15; 8:45 am]
Issuance of a General Exclusion Order
and Cease and Desist Orders;
Termination of Investigation; Certain
Toner Cartridges and Components
Thereof
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BILLING CODE 4310–MR–P
[Investigation No. 337–TA–918]
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to issue: (1)
a general exclusion order barring entry
SUMMARY:
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September 2015.
September–October
2015.
Fall 2015.
of certain toner cartridges and
components thereof that infringe certain
patents asserted in this investigation;
and (2) cease and desist orders directed
against certain domestic defaulting
respondents. The Commission has
terminated this investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
E:\FR\FM\04SEN1.SGM
04SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘Section 337’’), on June 12, 2014, based
on a complaint filed by Canon Inc. of
Japan; Canon U.S.A., Inc. of Melville,
New York; and Canon Virginia, Inc. of
Newport News, Virginia (collectively,
‘‘Canon’’). 79 FR 33777–78 (June 12,
2014). The complaint alleges a violation
of section 337 by reason of infringement
of certain claims of U.S. Patent Nos.
8,280,278 (‘‘the ‘278 patent’’); 8,630,564
(‘‘the ‘564 patent’’); 8,682,215 (‘‘the ‘215
patent’’); 8,676,090 (‘‘the ‘090 patent’’);
8,369,744 (‘‘the ‘744 patent’’); 8,565,640
(‘‘the ‘640 patent’’); 8,676,085 (‘‘the ‘085
patent’’); 8,135,304 (‘‘the ‘304 patent’’);
and 8,688,008 (‘‘the ‘008 patent’’). Id.
The notice of investigation named
thirty-three companies as respondents.
Id. The Commission’s Office of Unfair
Import Investigations was also named as
a party. Subsequently, the investigation
was partially terminated based on
withdrawal of the complaint as to all
asserted claims of the following patents:
(1) the ‘744 patent; (2) the ‘640 patent;
(3) the ‘085 patent; and (4) the ‘304
patent.
During the investigation, the ALJ
issued initial determinations (‘‘IDs’’)
terminating the investigation based on
consent orders as to fifteen
respondents:, Print-Rite Holdings Ltd.;
Print-Rite N.A., Inc.; Union Technology
Int’l (M.C.O.) Co. Ltd.; Print-Rite
Unicorn Image Products Co. Ltd.;
Innotex Precision Ltd.; Ninestar Image
Tech Limited; Zhuhai Seine Technology
Co., Ltd.; Ninestar Technology
Company, Ltd.; Seine Tech (USA) Co.,
Ltd.; Nano Pacific Corporation;
International Laser Group, Inc.; Ink
Technologies Printer Supplies, LLC; LD
Products, Inc.; Linkyo Corporation; and
Katun Corporation. See ALJ Order Nos.
13 (not reviewed Nov. 4, 2014), 16 (not
reviewed Nov. 24, 2014), 28 (not
reviewed Apr. 3, 2015), 29 (not reviewed
Apr. 3, 2015), 30 (not reviewed Apr. 3,
2015), 31 (not reviewed Apr. 3, 2015),
and 32 (not reviewed Apr. 3, 2015). The
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16:57 Sep 03, 2015
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ALJ also issued an ID terminating the
investigation based on Canon’s
withdrawal of allegations as to two
respondents, Seine Image Int’l Co., Ltd.
and Ninestar Image Tech, Ltd. See ALJ
Order No. 4 (not reviewed Aug. 1, 2014).
Likewise, the ALJ issued another ID
terminating the investigation as to
respondent Seine Image (USA) Co., Ltd.
due to the corporate dissolution of the
respondent. See ALJ Order No. 27 (not
reviewed Apr. 1, 2015).
The ALJ also issued IDs finding the
following ten respondents in default:
Acecom, Inc. -San Antonio of San
Antonio, Texas; ACM Technologies, Inc.
of Corona, California; Shenzhen ASTA
Official Consumable Co., Ltd. of
Longgang District, Shenzhen, China; Do
It Wiser LLC of Alpharetta, Georgia;
Grand Image Inc. of City of Industry,
California; Green Project, Inc. of
Hacienda Heights, California; Nectron
International, Inc. of Sugar Land, Texas;
Online Tech Stores, LLC of Reno,
Nevada; Printronic Corporation of Santa
Ana, California; and Zinyaw LLC of
Houston, Texas. See Order Nos. 6 (not
reviewed Aug. 25, 2014), 12 (not
reviewed Oct. 1, 2014), 15 (not reviewed
Nov. 17, 2014).
The remaining five named
respondents are Aster Graphics, Inc. of
Placentia, California; Jiangxi Yibo ETech Co., Ltd. of Xinyu City, Jiangxi,
China; Aster Graphics Co., Ltd. of
Zhongshan, Guangdong, China; The
Supplies Guys, LLC of Midland Park,
New Jersey; and American Internet
Holdings, LLC of Midland Park, New
Jersey. Each of them has acknowledged
and stipulated that it has failed to act
within the meaning of Commission Rule
210.17, at least because it failed to file
a prehearing statement and brief in
accordance with the Procedural
Schedule (Order No. 9), and that it
therefore has no standing to contest
Canon’s evidence and arguments that it
has violated section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337.
See Stipulation Regarding the Status of
the Aster and Supplies Guys
Respondents (Feb. 26, 2015).
On May 12, 2015, the ALJ issued an
ID (Order No. 34) granting Canon’s
motion for summary determination of
violation and recommending the
issuance of a general exclusion order
and several cease and desist orders. No
party petitioned for review of the ID.
The Commission determined to affirm
the ALJ’s finding of a violation of
section 337. The Commission also
determined to review, and on review, to
strike or modify certain portions of the
ID. Furthermore, the Commission
requested briefing on the issues of
remedy, the public interest and
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bonding. See 80 FR 37299–301 (June 30,
2015). Canon and the Commission
investigative attorney filed timely
submissions pursuant to the
Commission’s Notice. No other parties
filed any submissions in response to the
Commission’s Notice.
Having reviewed the submissions
filed in response to the Commission’s
Notice and the evidentiary record, the
Commission has determined that the
appropriate form of relief in this
investigation is a general exclusion
order barring entry of certain toner
cartridges and components thereof
covered by one or more of claims 160,
165, and 166 of the ‘278 patent; claims
171, 176, 179, 181, 189, 192, and 200 of
the ‘564 patent; claims 23, 26, 27, and
29 of the ‘215 patent; claims 1–4 of the
‘090 patent; and claims 1, 7–9, 11, 12,
and 34 of the ‘008 patent. The
Commission has also determined to
issue cease and desist orders directed
against Acecom, Inc.-San Antonio; Do It
Wiser LLC; Grand Image Inc.; Green
Project, Inc.; Nectron International, Inc.;
Online Tech Stores, LLC; Printronic
Corporation; and Zinyaw LLC. The
Commission has further determined that
the public interest factors enumerated in
subsections (d)(l), (f)(1), and (g)(1) (19
U.S.C. 1337(d)(l), (f)(1), (g)(1)) do not
preclude issuance of the general
exclusion order and cease and desist
orders. Additionally, the Commission
has determined that a bond in the
amount of one hundred (100) percent of
the entered value is required to permit
temporary importation of the articles in
question during the period of
Presidential review (19 U.S.C. 1337(j)).
The Commission has also issued an
opinion explaining the basis for the
remedy. The investigation is terminated.
The Commission’s orders and the
record upon which it based its
determination were delivered to the
President and to the United States Trade
Representative on the day of their
issuance. The Commission has also
notified the Secretary of the Treasury of
the orders.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: August 31, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–21962 Filed 9–3–15; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\04SEN1.SGM
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Agencies
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53567-53568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21962]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-918]
Issuance of a General Exclusion Order and Cease and Desist
Orders; Termination of Investigation; Certain Toner Cartridges and
Components Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue: (1) a general exclusion order
barring entry of certain toner cartridges and components thereof that
infringe certain patents asserted in this investigation; and (2) cease
and desist orders directed against certain domestic defaulting
respondents. The Commission has terminated this investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
[[Page 53568]]
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``Section 337''), on June 12, 2014, based on a complaint filed by
Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and
Canon Virginia, Inc. of Newport News, Virginia (collectively,
``Canon''). 79 FR 33777-78 (June 12, 2014). The complaint alleges a
violation of section 337 by reason of infringement of certain claims of
U.S. Patent Nos. 8,280,278 (``the `278 patent''); 8,630,564 (``the `564
patent''); 8,682,215 (``the `215 patent''); 8,676,090 (``the `090
patent''); 8,369,744 (``the `744 patent''); 8,565,640 (``the `640
patent''); 8,676,085 (``the `085 patent''); 8,135,304 (``the `304
patent''); and 8,688,008 (``the `008 patent''). Id. The notice of
investigation named thirty-three companies as respondents. Id. The
Commission's Office of Unfair Import Investigations was also named as a
party. Subsequently, the investigation was partially terminated based
on withdrawal of the complaint as to all asserted claims of the
following patents: (1) the `744 patent; (2) the `640 patent; (3) the
`085 patent; and (4) the `304 patent.
During the investigation, the ALJ issued initial determinations
(``IDs'') terminating the investigation based on consent orders as to
fifteen respondents:, Print-Rite Holdings Ltd.; Print-Rite N.A., Inc.;
Union Technology Int'l (M.C.O.) Co. Ltd.; Print-Rite Unicorn Image
Products Co. Ltd.; Innotex Precision Ltd.; Ninestar Image Tech Limited;
Zhuhai Seine Technology Co., Ltd.; Ninestar Technology Company, Ltd.;
Seine Tech (USA) Co., Ltd.; Nano Pacific Corporation; International
Laser Group, Inc.; Ink Technologies Printer Supplies, LLC; LD Products,
Inc.; Linkyo Corporation; and Katun Corporation. See ALJ Order Nos. 13
(not reviewed Nov. 4, 2014), 16 (not reviewed Nov. 24, 2014), 28 (not
reviewed Apr. 3, 2015), 29 (not reviewed Apr. 3, 2015), 30 (not
reviewed Apr. 3, 2015), 31 (not reviewed Apr. 3, 2015), and 32 (not
reviewed Apr. 3, 2015). The ALJ also issued an ID terminating the
investigation based on Canon's withdrawal of allegations as to two
respondents, Seine Image Int'l Co., Ltd. and Ninestar Image Tech, Ltd.
See ALJ Order No. 4 (not reviewed Aug. 1, 2014). Likewise, the ALJ
issued another ID terminating the investigation as to respondent Seine
Image (USA) Co., Ltd. due to the corporate dissolution of the
respondent. See ALJ Order No. 27 (not reviewed Apr. 1, 2015).
The ALJ also issued IDs finding the following ten respondents in
default: Acecom, Inc. -San Antonio of San Antonio, Texas; ACM
Technologies, Inc. of Corona, California; Shenzhen ASTA Official
Consumable Co., Ltd. of Longgang District, Shenzhen, China; Do It Wiser
LLC of Alpharetta, Georgia; Grand Image Inc. of City of Industry,
California; Green Project, Inc. of Hacienda Heights, California;
Nectron International, Inc. of Sugar Land, Texas; Online Tech Stores,
LLC of Reno, Nevada; Printronic Corporation of Santa Ana, California;
and Zinyaw LLC of Houston, Texas. See Order Nos. 6 (not reviewed Aug.
25, 2014), 12 (not reviewed Oct. 1, 2014), 15 (not reviewed Nov. 17,
2014).
The remaining five named respondents are Aster Graphics, Inc. of
Placentia, California; Jiangxi Yibo E-Tech Co., Ltd. of Xinyu City,
Jiangxi, China; Aster Graphics Co., Ltd. of Zhongshan, Guangdong,
China; The Supplies Guys, LLC of Midland Park, New Jersey; and American
Internet Holdings, LLC of Midland Park, New Jersey. Each of them has
acknowledged and stipulated that it has failed to act within the
meaning of Commission Rule 210.17, at least because it failed to file a
prehearing statement and brief in accordance with the Procedural
Schedule (Order No. 9), and that it therefore has no standing to
contest Canon's evidence and arguments that it has violated section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. See Stipulation
Regarding the Status of the Aster and Supplies Guys Respondents (Feb.
26, 2015).
On May 12, 2015, the ALJ issued an ID (Order No. 34) granting
Canon's motion for summary determination of violation and recommending
the issuance of a general exclusion order and several cease and desist
orders. No party petitioned for review of the ID.
The Commission determined to affirm the ALJ's finding of a
violation of section 337. The Commission also determined to review, and
on review, to strike or modify certain portions of the ID. Furthermore,
the Commission requested briefing on the issues of remedy, the public
interest and bonding. See 80 FR 37299-301 (June 30, 2015). Canon and
the Commission investigative attorney filed timely submissions pursuant
to the Commission's Notice. No other parties filed any submissions in
response to the Commission's Notice.
Having reviewed the submissions filed in response to the
Commission's Notice and the evidentiary record, the Commission has
determined that the appropriate form of relief in this investigation is
a general exclusion order barring entry of certain toner cartridges and
components thereof covered by one or more of claims 160, 165, and 166
of the `278 patent; claims 171, 176, 179, 181, 189, 192, and 200 of the
`564 patent; claims 23, 26, 27, and 29 of the `215 patent; claims 1-4
of the `090 patent; and claims 1, 7-9, 11, 12, and 34 of the `008
patent. The Commission has also determined to issue cease and desist
orders directed against Acecom, Inc.-San Antonio; Do It Wiser LLC;
Grand Image Inc.; Green Project, Inc.; Nectron International, Inc.;
Online Tech Stores, LLC; Printronic Corporation; and Zinyaw LLC. The
Commission has further determined that the public interest factors
enumerated in subsections (d)(l), (f)(1), and (g)(1) (19 U.S.C.
1337(d)(l), (f)(1), (g)(1)) do not preclude issuance of the general
exclusion order and cease and desist orders. Additionally, the
Commission has determined that a bond in the amount of one hundred
(100) percent of the entered value is required to permit temporary
importation of the articles in question during the period of
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued
an opinion explaining the basis for the remedy. The investigation is
terminated.
The Commission's orders and the record upon which it based its
determination were delivered to the President and to the United States
Trade Representative on the day of their issuance. The Commission has
also notified the Secretary of the Treasury of the orders.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: August 31, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-21962 Filed 9-3-15; 8:45 am]
BILLING CODE 7020-02-P